All relationships encounter challenges at some point. Disagreements over seemingly minor issues can escalate quickly, and arguments can turn heated when emotions run high. Although many spouses or dating partners can resolve their disputes with open communication and time, some arguments push one person into saying or doing something they come to regret. While incidents of domestic violence do happen with relative frequency (according to some estimates, approximately one in five women report having experienced severe physical violence from an intimate partner in their lifetime), allegations of domestic abuse can be exaggerated or inaccurate. Unfortunately, the mere accusation of domestic violence can damage someone’s reputation and relationships long before they are given due process.
Even if the charges are later dismissed or dropped, the allegations may have wreaked havoc on the defendant’s professional reputation and personal relationships. California takes domestic violence crimes seriously, so it’s essential to enlist legal representation as soon as law enforcement takes you into custody. Working with a highly skilled and experienced Los Angeles County domestic violence defense lawyer is the best way to ensure your legal rights remain upheld and protected at every step of the criminal justice process. Let’s take a look at the potential penalties for domestic violence crimes in California and how hiring a seasoned criminal defense attorney can maximize your chances of obtaining the best possible outcome given the specifics of the case.
Understanding Domestic Violence Offenses in California
Before we dive into the potential penalties for domestic violence convictions, it’s important to understand the nature of domestic violence crimes under California law. Although there is not a specific “domestic violence” crime under state law, these types of offenses are usually charged as either “domestic battery” as defined by Penal Code 243(e)(1) or “inflicting corporal injury on an intimate partner” as defined by Penal Code 273.5. California Penal Code 13700 defines domestic violence as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or has had a dating or engagement relationship.” Exhibiting acts of abuse, such as inflicting physical harm or threatening physical injury, when made against a spouse, ex, coparent, or dating partner, can constitute domestic violence in Los Angeles County and lead to criminal charges.
What is the Sentence for Domestic Violence in California?
Many people wonder, ”can you go to jail for first-time domestic violence?” If so, how long do you stay in jail for domestic violence? The penalties for domestic violence crimes vary depending on whether the charge is considered a misdemeanor or felony offense. In general, misdemeanor offenses carry lighter penalties than felony crimes. If you are charged with domestic battery, which is considered a misdemeanor offense, a conviction typically carries a fine of up to $2,000 and up to one year in county jail. To secure a conviction for domestic battery, prosecutors must establish that you inflicted force or physical violence on a current or former intimate partner. The law does not require a visible injury in order to secure a conviction of misdemeanor domestic battery. However, if the incident caused significant injury, the misdemeanor charge can be elevated to a felony offense—punishable by up to $10,000 in fines and up to four years in state prison.
Felony Domestic Violence Jail Time in Los Angeles County
The offense of inflicting corporal injury on an intimate partner may be prosecuted as either a misdemeanor or as a felony. This statute makes it illegal to inflict bodily harm on an intimate partner, even if the resulting injury is not severe or life-threatening. First-time offenders who are convicted of inflicting corporal injury on an intimate partner may face one year of imprisonment in county jail (misdemeanor) and up to four years in California state prison (felony), as well as up to $10,000 in fines. It’s possible to face other domestic violence-related charges, such as stalking, making criminal threats, aggravated trespassing, among others. Many of these offenses are considered “wobblers,” meaning that they can be charged as either misdemeanor or felony offenses. Moreover, if you have a prior conviction for a domestic violence crime within the past seven years, you will likely face enhanced penalties (i.e., steeper fines, additional jail time, etc). Now is not the time to leave your future in the hands of chance—contact an experienced domestic violence defense lawyer as soon as possible to start exploring your legal strategies and options.
How a Skilled Los Angeles County Defense Attorney Can Help
The moment law enforcement arrests you for an alleged domestic violence offense, it’s natural to feel overwhelmed and concerned about what happens next. Questions such as, “how long do you stay in jail for domestic violence?” and “can you go to jail for first-time domestic violence?” will likely arise, and you will want to know how you can prepare for what lies ahead. Your first step should be to contact a dedicated and highly qualified Los Angeles County domestic violence defense attorney who can assess the specifics of your case and identify the most strategic approach to navigating these charges.
There are several strategies your attorney can use when seeking to have the charges against you dropped, dismissed, or reduced. From challenging the prosecution’s evidence to negotiating plea deals to advocating for alternative sentencing options, a skilled and experienced criminal defense attorney will seek to maximize your chances of securing a fair and favorable outcome. As overwhelmed as you may feel during this challenging time, it’s essential to recognize that you do not have to go through it alone. If you have been arrested for a domestic violence offense, contact an attorney as soon as possible to start exploring your options and strategies for keeping your future as bright as possible.
If you are facing domestic violence charges in Los Angeles County, you need reliable and effective legal representation as soon as possible. Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced Los Angeles County criminal defense attorney.
